Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-01-12
WORLDS NEWS BUDGET.
Cull0m's Speech legislature
To Postmasters-Death Of
J1hn Roach
CONGRESSIONAL.
Senate.

WAsHINGTON, December 1O.-Atter the re.
ception of remonstrance from the Mime
apolis' Board of Trade. the Senate pro-
ceeded to the consideration OF the Inter-
State Commerce Bill, and was addressed
by Beck in favor OF the adoption Of the
conference report.
Mr.. Cullom addressed the Senate in favor
of the conference report, confning his re-
marks to the fourth section, as to the
long and short haul. This section, he said,
simply undertakes to lay down in specific
terms the rule on principle, which, as I
have always contended, is already in
effect contained in other provisions OF the
bill. The 6rst requirement Of the bill on
the subject of rates, as found in the first
section is, that all rates shall be ''reasona-
BILE and just" This is, in effect, q declara-
tiou that under similar circumstances and
conditions q greater sum shall not be
charged for shorter than for longer dis.
tance, because, under such circumstances,
it would not be reasonable and just" to
make such charge.
The next requirement OF the hill that
effects the question is found in the fl st part
OF the third section. which forbids giving an
undue or unreasonable preferance or ad-
vantage to any particular locality. This
is likewise declarat tion that greater sum
shall not be charged for a shorter than for
a longer haul under similar circumstances
and conditions, because such q charge
would be tie making or giving Of an undue
or unreasonable preference or advantage
to one particular locality" or would sub.
ject some particular locality" to an un-
due or unreasonable prejudice or disad-
vantage. (The Senator quoted the fonrth
section in FULLY ''As I understand it this
section, as it now stands, simply prohibits
a railroad corporation from charging a
greater aggregate sum-not a higher rate
for shorter than longer distances on the
same line in the same direction
and under substantially similar circum-
stances and conditions, when the shorter
is included within the longer distance.
There is no other prohibition made in pos.
tive terms. The declaration that this
shall not be construed as authorizing any
common carrier within the terms OF this |
act to charge and receive as great conpen- !
sation for shorter as for longer distance |
does not in terms prohibit charging as |
much for a shorter as for longer distance |
but simply withholds legislative sanction |
from the making of such charge. This quail
flying clause negatives the inferences that |
might possibly be drawn from the language
of that section without those words,
namely: THAT an equal charge for a short
er distance is authorized by inference be-
cause only greater charge is prohibited.
The qualification therefore leaves the ques.
tions as to whether an equal amount can
be charged for shorter distance to be de-
by the provisions OF the bill to
which have already referred, requiring all
charges to be reasonable and forbidding
the giving of an unreasonable preference or
advantage to any particular locality.
The requirement of the fourth section
then is that between shipments of the same
kind in the same directions, over the same
ne and made under substantially similar
and conditions, greater
sum shall not be charged for a shorter than
or longer haul when the shorter COM
orises part of the longer haul. Not that
= higher rate shall not be charged per mile
out that greater aggregate sum shall not
be charged. The limitations placed upon
The prohibition that is made are very sig
1iicant and they must not be overlooked.
They require that in determining sums that
nay be charged for shorter as compared
With longer distance, requirements must be
made:
list. Between shipments of like kind OF
I'd. "Under substantially similar cir
;umstances and conditions"
Sd. "Over the same lines"
4th. I'm the same direction
5th. "When the shorter is included with
n the longer distance. When the &C. is to
% applied in any given case to measure the
charge that may be made for any distance,
Is compared with the longer distance, all
limitations must be taken into account,
and they must all apply to the case-not
three or four OF them-but all of them.
The first, fourth and fifth limitations do
not appear to call for any limitations, but
The second and third NAV need some expla-
nations, as l understand the words, cir
;umstances and conditions mean condi-
lions that govern railway traffic and the
under which it is trans
ported. To my mind those words are full
of meaning"